The Laboucher Amendment was passed on August 7th, 1885. This act, proposed by Henry Du Pré Labouchère, made sexual acts between men a crime in England. This Amendment was the 11th clause to the Criminal Law Amendments Act, which also raised the age of consent for sexual intercourse, monitored brothels, and put the blame on men for sexual transgressions. The amendment stated “Any male person who in public or private commits or is a party to the commission of or procures or attempts to procure the commission by any male person of any act of gross indecency with another male person shall be guilty of a misdemeanor and being convicted thereof shall be liable to be imprisoned for any term not exceeding two years with or without hard labor."
Sexual activity between men had been punishable in England since 1533. But the Laboucher Amendment extended the laws that were already in place. With this amendment, any act between men considered “gross indecency” was punishable. This meant that men could be persecuted for being homosexual without any evidence against them. Because evidence was not needed to charge someone, it was easy for someone to be put on trial solely based on accusation. The lack of specificities within the amendment also meant the law had room for interpretation. Because there was no clear definition of what “gross indecency” meant, each judge could decide for himself what the punishment should be.
The Labouchere Amendment remained in force until 1967, 82 years after it was first put into place. When the Amendment was overturned, homosexual men in England were finally able to engage in sex without it being criminalized. But for many men up until then, including some Victorian poets, they had to live in fear of being persecuted because of their sexual orientation.[i]
Wilde and The Labouchere Amendment Because of this amendment, many Victorian poets who were homosexual had to live in fear. However, for Oscar Wilde, the possibility of being prosecuted for his sexuality became a reality. Wilde was caught because he had a feud with Sir John Sholto Douglass after he brought a libel action upon him. Throughout his life, Wilde struggled with wanting to be accepted, and with having to hide his sexuality because of the law. After the accusations by Douglass, Wilde decided to stand trial rather than flee to France. Evidence that he engaged in sexual acts with other men included testimony by chambermaids that they had seen boys in his bed. [ii] On May 25, 1895, Wilde was sentenced to two years of hard labor in prison. Upon his release, he went into exile in France[iii] where he spent the last three years of his life. [iv]
Swinburne and The Labouchere Amendment Although he did not have the same fate as Oscar Wilde, Algernon Charles Swinburne was another homosexual Victorian poet who had to live in fear of the Labouchere Amendment. Luckily for Swinburne, he was never accused and put on trial like Wilde. But one must still take his sexuality in mind when reading his poems. Many of Swinburne’s poems contain themes of sexuality, some of them even portraying homosexual and lesbian love. In his poem “Anactoria” Swinburne uses the image of lesbians to also portray homosexuality between men. [v] Even if he wasn’t specifically writing about homosexual love, the sexual nature of Swinburne’s poems still challenged the strict laws regarding sexuality that were in place. His most famous and sexual piece of work was 1866’s Poems and Ballads, a collection of highly erotic poetry.[vi] In addition to depicting same-sex relationships, these poems also addressed other taboo themes, such as the violent aspects of sex. By addressing sexuality in many forms, Swinburne challenged the strict rules of the time without directly addressing his own sexuality and putting himself in danger of trial.
Sexual activity between men had been punishable in England since 1533. But the Laboucher Amendment extended the laws that were already in place. With this amendment, any act between men considered “gross indecency” was punishable. This meant that men could be persecuted for being homosexual without any evidence against them. Because evidence was not needed to charge someone, it was easy for someone to be put on trial solely based on accusation. The lack of specificities within the amendment also meant the law had room for interpretation. Because there was no clear definition of what “gross indecency” meant, each judge could decide for himself what the punishment should be.
The Labouchere Amendment remained in force until 1967, 82 years after it was first put into place. When the Amendment was overturned, homosexual men in England were finally able to engage in sex without it being criminalized. But for many men up until then, including some Victorian poets, they had to live in fear of being persecuted because of their sexual orientation.[i]
Because of this amendment, many Victorian poets who were homosexual had to live in fear. However, for Oscar Wilde, the possibility of being prosecuted for his sexuality became a reality. Wilde was caught because he had a feud with Sir John Sholto Douglass after he brought a libel action upon him. Throughout his life, Wilde struggled with wanting to be accepted, and with having to hide his sexuality because of the law. After the accusations by Douglass, Wilde decided to stand trial rather than flee to France. Evidence that he engaged in sexual acts with other men included testimony by chambermaids that they had seen boys in his bed. [ii] On May 25, 1895, Wilde was sentenced to two years of hard labor in prison. Upon his release, he went into exile in France[iii] where he spent the last three years of his life. [iv]
Swinburne and The Labouchere Amendment
Although he did not have the same fate as Oscar Wilde, Algernon Charles Swinburne was another homosexual Victorian poet who had to live in fear of the Labouchere Amendment. Luckily for Swinburne, he was never accused and put on trial like Wilde. But one must still take his sexuality in mind when reading his poems. Many of Swinburne’s poems contain themes of sexuality, some of them even portraying homosexual and lesbian love. In his poem “Anactoria” Swinburne uses the image of lesbians to also portray homosexuality between men. [v]
Even if he wasn’t specifically writing about homosexual love, the sexual nature of Swinburne’s poems still challenged the strict laws regarding sexuality that were in place. His most famous and sexual piece of work was 1866’s Poems and Ballads, a collection of highly erotic poetry.[vi] In addition to depicting same-sex relationships, these poems also addressed other taboo themes, such as the violent aspects of sex. By addressing sexuality in many forms, Swinburne challenged the strict rules of the time without directly addressing his own sexuality and putting himself in danger of trial.
Works Cited
Neumann, Caryn E. "The Labouchere Amendment." Glbtq Social Sciences The Labouchère Amendment. N.p., n.d. Web. 04 Dec. 2012. <http://www.glbtq.com/social-sciences/labouchere_amendment.html>.
"Oscar Wilde Is Sent to Prison for Indecency." History.com. A&E Television Networks, n.d. Web. 04 Dec. 2012. <http://www.history.com/this-day-in-history/oscar-wilde-is-sent-to-prison-for-indecency>.
Broad, C. Lewis. The Friendships and Follies of Oscar Wilde. New York: Crowell, 1955. Print.
Prins, Yopie. Victorian Sappho. Princeton, NJ: Princeton UP, 1999. Print.
Cassidy, John A. Algernon C. Swinburne,. New York: Twayne, 1964. Print.
-- K.W./Eng335/WhittierCollege/Fall2012
[i] Neumann, Caryn E. "The Labouchere Amendment." Glbtq Social Sciences The Labouchere Amendment. N.p., n.d. Web. 04 Dec. 2012. <http://www.glbtq.com/social-sciences/labouchere_amendment.html>.
[ii] "Oscar Wilde Is Sent to Prison for Indecency." History.com. A&E Television Networks, n.d. Web. 04 Dec. 2012. <http://www.history.com/this-day-in-history/oscar-wilde-is-sent-to-prison-for-indecency>.
[iii] Broad, C. Lewis. The Friendships and Follies of Oscar Wilde. New York: Crowell, 1955. Print.
[iv] "Oscar Wilde Is Sent to Prison for Indecency." History.com. A&E Television Networks, n.d. Web. 04 Dec. 2012. <http://www.history.com/this-day-in-history/oscar-wilde-is-sent-to-prison-for-indecency>.
[v] Prins, Yopie. Victorian Sappho. Princeton, NJ: Princeton UP, 1999. Print.
[vi] Cassidy, John A. Algernon C. Swinburne,. New York: Twayne, 1964. Print.
8. http://commons.wikimedia.org/wiki/File:Oscar_Wilde_portrait_by_Napoleon_Sarony_-_albumen.jpg